#THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Mahr or other properties of Muslim woman to be given to her at the time of divorce. 
4. Order for payment of maintenance. 
5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974. 
6. Power to make rules. 
7. Transitional provisions.
 
 
 
#THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 

##ACT NO. 25 OF 1986 

[19th May, 1986.] 

An Act to protect the rights of Muslim women who have been divorced by, or  have  obtained  divorce 
from, their husbands and to provide for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows:—

1. **Short title and extent.**—(1) This Act may be called the Muslim Women (Protection of Rights on 
Divorce) Act, 1986.

(2) It extends to the whole of India.

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “divorced woman” means a Muslim woman who was married according to Muslim law, and 
has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law; 

(b) “iddat period” means, in the case of a divorced woman,— 

(i) three menstrual courses after the date of divorce, if she is subject to menstruation; 
(ii) three lunar months after her divorce, if she is not subject to menstruation; and 
(iii) if she is enceinte  at the  time  of  her  divorce,  the  period  between  the  divorce  and  the 
delivery of her child or the termination of her pregnancy, whichever is earlier; 

(c) “Magistrate” means a Magistrate of the First class exercising jurisdiction under the Code of 
Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides; 

(d) “prescribed” means prescribed by rules made under this Act.

3. **Mahr  or  other  properties  of  Muslim woman  to be  given to  her at  the  time  of  divorce.**—(1) 
Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall 
be entitled to— 

(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat 
period by her former husband; 

(b) where she herself maintains the children born to her before or after her divorce, a reasonable 
and fair provision and maintenance to be made and paid by her former husband for a period of two 
years from the respective dates of birth of such children; 

(c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her 
marriage or at any time thereafter according to Muslim law; and 

(d) all the properties given to her before or at the time of marriage or after her marriage by her 
relatives or friends or the husband or any relatives of the husband or his friends.  

(2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due has 
not been made or paid or the properties referred to in clause (d) of sub-section (1) have not been delivered 
to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an 
application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or 
the delivery of properties, as the case may be. 

(3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate 
may, if he is satisfied that— 

(a) her husband having sufficient means, has failed or neglected to make or pay her within the 
iddat period a reasonable and fair provision and maintenance for her and the children; or 

(b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred 
to in clause (d) of sub-section (1) have not been delivered to her,  

make an order, within one month of the date of the filing of the application, directing her former husband 
to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as 
it and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during 
her marriage and the means of her former husband or, as the case may be, for the payment of such mahr 
or  dower  or  the  delivery  of  such  properties  referred  to  in  clause  (d)  of  sub-section  (1)    the  divorced 
woman: 

Provided  that  if  the  Magistrate  finds  it  impracticable  to  dispose  of  the  application  within  the  said 
period, he may, for reasons to be recorded by him, dispose of the application after the said period. 

(4) If any person against whom an order has been made under sub-section (3) fails without sufficient 
cause  to  comply  with  the  order,  the  Magistrate  may  issue  a  warrant  for  levying  the  amount  of 
maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal 
Procedure,  1973  (2  of  1974),  and  may  sentence  such  person,  for  the  whole  or  part  of  any  amount 
remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one 
year or until payment if sooner made, subject to such person being heard in defence and the said sentence 
being imposed according to the provisions of the said Code.

4. **Order for payment of maintenance.**—(1) Notwithstanding anything contained in the foregoing 
provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a 
divorced  woman  has  not  re-married  and  is  not  able  to  maintain  herself  after  the  iddat  period,  he  may 
make  an  order  directing  such  of  her  relatives  as  would  be  entitled  to  inherit  her  property  on  her  death 
according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and 
proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her 
marriage and the means of such relatives and such maintenance shall be payable by such relatives in the 
proportions in which they would inherit he property and at such periods as he may specify in his order:

Provided that where such divorced woman has children, the Magistrate shall order only such children 
to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, 
the Magistrate shall order the parents of such divorced woman to pay maintenance to her:

Provided further that if any of the parents is unable to pay his or her share of the maintenance ordered 
by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may, 
on proof of such inability being furnished to him, order that the share of such relatives in the maintenance 
ordered by him be paid by such of the other relatives as may appear to the Magistrate to have the means 
of paying the same in such proportions as the Magistrate may think fit to order.

(2) Where a divorced woman is unable to maintain herself and she has no relatives as mentioned in 
sub-section  (1)  or  such  relatives  or  any  one  of  them  have  not  enough  means  to  pay  the  maintenance 
ordered by the Magistrate or the other relatives have not the means to pay the shares of those relatives 
whose  shares  have  been  ordered  by  the  Magistrate  to  be  paid  by  such  other  relatives  under  the  second 
proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under          
section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State, 
functioning in the area in which the woman resides, to pay such maintenance as determined by him under 
sub-section (1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at 
such periods as he may specify in his order.

5. **Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974.**—If on the date 
of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former 
husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either 
jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the 
Code of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the court hearing 
the application, the Magistrate shall dispose of such application accordingly.
 
*Explanation.*—For the purposes of this section, “date of the first hearing of the application” means the 
date fixed in the summons for the attendance of the respondent to the application. 

6. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the foregoing power, such rules may provide for— 

	(a) the form of the affidavit or other declaration in writing to be filed under section 5; 

	(b) the  procedure to  be followed  by  the  Magistrate  in  disposing  of  applications  under this  Act, 
including  the  serving  of  notices  to  the  parties  to  such  applications,  dates  of  hearing  of  such 
applications and other matters; 

	(c) any other matter which is required to be or may be prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.  

7. **Transitional provisions.**—Every  application  by  a  divorced  woman  under  section  125  or  under 
section  127  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  pending  before  a  Magistrate  on  the 
commencement  of  this  Act,  shall,  notwithstanding  anything  contained  in  that  Code  and  subject  to  the 
provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of 
this Act.